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9 Jan 2024, 9:01 pm by Josh Blackman
Here the article invoked the same reasoning used by Chief Justice Marshall in United States v. [read post]
19 Sep 2018, 9:00 pm by John Dean
Also, it is not clear to me if Judge Kavanaugh does or does not believe U.S. v Nixon (the 8-0 holding that ended Nixon’s presidency, forcing him to provide prosecutors incriminating secretly recorded conversations) was correctly decided.My second general point is a very important process matter. [read post]
30 Sep 2007, 2:47 pm
Farley: You have to answer a question that puzzled the Court in KP Permanent: What does "fair" mean? [read post]
16 Aug 2007, 10:06 am
The case under discussion today has the truly odd name of USA v. [read post]
30 Jan 2018, 4:05 pm by INFORRM
Reasonable readers must be taught that that the First Amendment allows us the “breathing space” to make such errors (See, New York Times Co. v. [read post]
6 Feb 2012, 9:32 am by Shafik Bhalloo
This is precisely what the Plaintiff, Sandra Jones, did in the Ontario Court of Appeal in Jones v. [read post]
3 May 2018, 9:01 pm by Vikram David Amar
Important questions that deserve much more attention.So, too, does the last topic I will mention that we discussed—the question of when the costs of providing security for controversial speaker events justifies the cancellation or termination of the event. [read post]
10 Sep 2012, 9:06 pm by Prof. Akhil Reed Amar, guest-blogging
According to William Blackstone, whom Scalia and Garner treat as an authority on American law at the time of the Constitution, freedom of speech forbids censorship in the sense of prohibiting speech in advance, but does not prohibit punishment after the fact of speech determined by a jury to be blasphemous, obscene, or seditious. [read post]
6 Feb 2012, 9:32 am by Shafik Bhalloo
This is precisely what the Plaintiff, Sandra Jones, did in the Ontario Court of Appeal in Jones v. [read post]
29 Nov 2022, 1:55 pm by Amy Howe
When Prelogar responded that they would not, Roberts reminded her of the court’s recent decision in Biden v. [read post]
13 Jul 2023, 4:31 am by Norman L. Eisen
This model prosecution memorandum (or “pros memo”) assesses federal charges Special Counsel Jack Smith may bring against former President Donald Trump for alleged criminal interference in the 2020 election. [read post]
7 Jul 2008, 1:08 pm
It does not, in our view, affect the substance of Article 25, which is concerned with universal franchise and the free expression of the people in the choice of legislature. [read post]
1 Aug 2023, 8:04 pm
 Pix Credit: William Blake (British, 1757–1827) The Great Red Dragon and the Woman Clothed in Sun (Rev. 12: 1–4), ca. 1803–1805 – Brooklyn Museum The progress of the demonification of Donald Trump continues apace (for an early sense about the arc of this perhaps inevitable passion, see As the Trump Administration Fades into the Shadows of History (and Myth) Lessons Left Unlearned (8 November 202).Donald Trump has been indicted for a third time this year by… [read post]
3 Feb 2021, 3:00 pm by Josh Blackman
[This post was co-authored by Josh Blackman and Seth Barrett Tillman] Introduction. [read post]